Terms of use of the Treedex App

These Terms of Use apply between you (hereinafter also referred to as "USER") and us at Elektronische Fahrwerksysteme GmbH, Dr.-Ludwig-Kraus-Str. 6, 85080 Gaimersheim, Germany (hereinafter also referred to as "EFS") with regard to the use of the app "Treedex" offered by us. The USER and EFS are hereinafter also referred to individually as the "CONTRACTUAL PARTY" or jointly as the "CONTRACTUAL PARTIES".

1. Application of the terms of use

By agreeing to these Terms of Use, but at the latest by using the app "Treedex", you accept these Terms of Use as the contractual basis regarding the use of the app.

2. Definitions
   • "LICENSE SUBJECT" means the app "Treedex" made available by EFS via the Google Playstore or the App Store of Apple, which is offered within the scope and on the premises of the LANDESGARTENSCHAU INGOLSTADT 2020 with the following functionalities:

• Identification of plants shown at the LANDESGARTENSCHAU INGOLSTADT 2020 by means of image recognition using a machine learning algorithm.
• Short information about the detected plants
• Explanation of how the AI works through waiting screens with AI descriptions and heatmaps.
• Collecting points for each plant detected and displaying the current ranking in a points list
• Information about the LANDESGARTENSCHAU INGOLSTADT 2020
• Display of the current position on a map of the LANDESGARTENSCHAU INGOLSTADT 2020
  • "PURPOSE OF CONTRACT" means the USER's use of the LICENSED MATTER as contemplated by the CONTRACTING PARTIES at the time the CONTRACT is entered into.

3. License
   • EFS grants the USER non-exclusive rights of use to the LICENSED MATTER. These include the right to store, load and run the LICENSE MATERIAL and to reproduce it for this purpose. The use is limited to an executable installation.
   • The granting of the rights of use begins with the use of the LICENSED MATERIAL and is initially for an indefinite period of time. Upon termination of the granting of the rights of use, all rights of the USER to use the LICENSE MATTER shall terminate with immediate effect. Upon such termination, the USER shall be obligated to delete the LICENSE MATTER in accordance with the relevant provisions of this Agreement.
   • The LICENSE MATTER may be protected by copyright laws or by other laws and treaties protecting intangible property. EFS retains all copyrights and other intellectual property rights in the LICENSED MATERIAL; only rights to use the LICENSED MATERIAL to the extent agreed are granted. Copyright notices, serial numbers and other identifying features contained in the LICENSE MATERIAL may not be removed or altered.
   • The USER is not granted any right to edit the LICENSE MATTER.
   • The USER is not entitled to transfer the LICENSE MATTER, parts thereof or the rights of use granted in this contract to third parties or to make them publicly accessible.
   • The USER is not entitled to grant simple or exclusive licenses to the LICENSED MATERIAL or parts thereof or with regard to individual or all rights of use granted to it to third parties.
   • The CONTRACTING PARTIES do not grant each other any rights of use or other rights of any kind whatsoever going beyond the scope of this Agreement, nor does this result in a corresponding obligation to grant such rights. In particular, the USER shall not be entitled to rent, lease or lend the LICENSED MATERIAL or to make it available to third parties in any other way or to reverse engineer, decompile or disassemble the software, unless such rights have been expressly granted by EFS or in accordance with the provisions of this agreement. Sections 69d and 69e UrhG remain unaffected.
4. Image rights

The USER grants EFS non-exclusive, irrevocable, sub-licensable and royalty-free rights of use to the photographs and photographic works (hereinafter referred to as PICTURES) made within the scope of the use of the LICENSED MATERIAL and sent to EFS. These rights include the right to store, load, reproduce and edit the PICTURES. The granting of rights is unlimited in time and place. In addition to the purpose of fulfilling the functionalities of the LICENSED MATERIAL, the granting of rights of use shall in particular also include the purposes of future research and development activities of EFS which are detached from the LICENSED MATERIAL.

5. Remuneration

No remuneration will be charged for the rights granted under these terms of use.

6. Installation, support, training, maintenance
   • EFS does not owe any implementation or installation of the LICENSED MATERIAL, nor support services, training or maintenance.
7. Data transmission
   • The LICENSE OPPONENT can download a data record with a data volume of up to 20 megabytes at each start.
   • Mobile data is used with each request. A request contains a data volume of approx. 500 kilobytes and a response of approx. 1.5 megabytes.
   • Depending on the structure of the USER's provider contract, further costs may be incurred by the USER as a result of the data traffic described in Sections 7.1 and 7.2.
8. Obligations of the USER
   • The USER is obliged to,

• to post only such contents, in particular or other illustrations, graphics, files etc. ("CONTENTS") to which he is entitled. ("CONTENTS") to which he is entitled to the corresponding rights of use, in particular with regard to copyrights and personal rights;
• not to transmit CONTENTS showing persons, unless the data subjects have consented to this;
  • The USER is prohibited from,
• use offensive or defamatory CONTENT;
• pornographic, racist, discriminatory, violence or war glorifying or trivializing, promoting an extremist or terrorist political organization, inciting to commit a crime, defamatory, immoral or against the law information, allegations, to retrieve, store or cause to be stored, disseminate or cause to be disseminated information, allegations, value judgements or other CONTENT, to refer to such content with knowledge of the content or to use such content in any other way or to participate in lewd or sexually oriented communication;
• to publicly distribute or reproduce the contents of the LICENSEE, in particular to use contributions of other USERS commercially, to integrate them into advertising offers - neither private nor commercial - or to use them in any other way without the consent of the other USER;
• to forward the contents of the LICENSEE to non-authorized users or to make them accessible to such users;
• to take actions which are likely to impair the functionality of the LICENSED MATTER, in particular to place an excessive burden on the LICENSED MATTER;
• post private information about yourself and/or third parties;
• use the LICENSE MATERIAL in an abusive manner, including but not limited to offering, transmitting or soliciting the transmission of viruses, Trojan horses or other malicious software, mass e-mails, unsolicited commercial communications or other communications not desired by the recipient, or sending identical messages to a large number of USERS;
• post particularly sensitive information about himself or herself or about third parties (e.g., about his or her health, ethnic origin, political or religious beliefs, bank or credit card accounts, or information about any trade union affiliation);
• to use the LICENSE MATERIAL as advertising space for websites or services of the USER or third parties, also in the form of linking to corresponding websites;
• to leave automatically written comments;
• To offer goods or services for commercial or private purposes or to use the LICENSE MATERIAL for religious or party political purposes.

9. term and termination
   • The term of this Agreement shall commence upon use of the LICENSED MATERIAL and shall end no later than the expiration of the term of the grant of rights under this Agreement.
   • Each CONTRACTING PARTY may terminate the contract without notice and without giving reasons.
   • The right of the CONTRACTING PARTIES to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist in particular if the respective other CONTRACTUAL PARTY breaches material contractual obligations and a deadline set for remedial action has expired unsuccessfully or a required warning has remained unsuccessful. Setting a deadline or issuing a warning shall not be required if the other CONTRACTUAL PARTY has definitively refused the performance owed or if there are special circumstances which, taking into account the interests of both parties, justify the immediate termination of this contract.
   • Termination by the USER is effected by uninstalling the LICENSE OPPOSITE from his terminal device.
10. Warranty
    • The claims of the USER in the event of defects in the LICENSED MATERIAL shall be governed by the applicable statutory provisions, unless otherwise provided below.
    • EFS shall ensure that the LICENSED PROPERTY can be used for the CONTRACTUAL PURPOSE.
    • Warranty claims of the USER are excluded in particular in the following cases:
      • if the defects are due to the USER's use of the LICENSED MATERIAL in breach of the contract, e.g. in the case of modifications or processing in breach of the contract which the USER carries out himself or has carried out by third parties,
      • if the defects are due to improper operation and/or installation of components of the LICENSEE.
    • Defects shall be notified by the USER in writing by means of a comprehensible description of the defect symptoms, evidenced by written records, hard copies or other documents illustrating the defect. This shall not apply to defects which are already present at the time of conclusion of the contract and which are obviously recognizable to EFS. The notification shall be made without delay, at the latest, however, within fourteen (14) days after discovery of the defect.
    • The strict liability for damages for defects that were already present at the time of the conclusion of the contract is excluded. The liability provisions otherwise contained in this contract shall remain unaffected.
    • If the USER claims a defect against EFS and this defect is not detectable or reproducible or the defect cannot be attributed to a warranty obligation of EFS after appropriate investigation (sham defect) and the USER could have recognized this, the USER shall reimburse EFS for costs and expenses for verification and/or attempted error correction.
    • Insofar as the LICENSED MATERIAL is dependent on third-party software (e.g. operating system, browser) for its operation or handling, it is only warranted that it is compatible with the third-party software in use at the time of the conclusion of the contract. EFS does not warrant that the LICENSE MATERIAL is compatible with later versions. The warranty also does not include the adaptation of the LICENSE MATERIAL to changed conditions of use and technical and functional developments such as changes to the IT environment, in particular changes to the hardware or the operating system, adaptation to the functional scope of competing products or the creation of compatibility with new data formats.
11. Liability
    • EFS shall be liable in the event of malice, intent or gross negligence in accordance with the statutory provisions. (§ 521 BGB)
    • EFS shall only be liable for the loss or damage of data and its recovery if such loss could not have been avoided even by reasonable data backup measures by the USER.
    • Cases of statutory liability (e.g. claims for damages under the Product Liability Act) and liability for damages arising from injury to life, limb or health shall remain unaffected by the above limitations of liability.
12. Unauthorised use: Liability
    • In the event of a breach of this agreement, the USER shall be liable for compensation of any damage incurred by EFS as a result.
13. Deletion
    • Upon termination of this Agreement and/or the granting of rights of use governed herein, in whatever form and for whatever reason, the USER shall delete the original as well as any copies and partial copies of the LICENSED MATERIAL.
    • All rights of use to the LICENSED MATERIAL granted in this Agreement shall automatically revert to EFS upon termination of the Agreement, regardless of the form and reason for such termination.
    • If the USER continues the use of the LICENSED MATERIAL or the use of the rights of use granted under this Agreement after the end of the term of the Agreement, notwithstanding the foregoing obligations, this shall not constitute an implied extension of the Agreement.
14. severability clause

Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, or should this contract contain a loophole, the validity of the remaining provisions shall not be affected thereby.